This High Court dismissed a bail application filed by an accused charged with offences under Sections 489B/489C IPC. Finding prima facie incriminating material from the case diary, including seized fake currency notes, the court declined to grant bail and directed expedited trial.
Bail application dismissed; trial directed to be expedited.
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36. 16.09.2021 Ct.32 Tanmoy Rejected
C.R.M. 2783 of 2021
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 17/03/2021 arising out of Baishnabnagar Police Station Case No. 383/2020 dated 28/07/2020 under Sections 489B/489C of the Indian Penal Code. And
In the matter of: - Saddam Sk. @ Pichhi …petitioner. Mr. M.F.Ahmed Begg …for the petitioner. Mr. Binay Panda, Mr. Subham Bhakat, Ms. Puspita Saha …for the State.
The petitioner has been charged with offences punishable under Sections 489B/489C of the Indian Penal Code, i.e., possessing and/or dealing in fake Indian currency notes. The petitioner says that he has been falsely implicated. There was no seizure from him. He has been in custody for more than one year and one month. There is no possibility of the trial coming to an early end. He prays for bail.
We have seen the material in the Case Diary including the seizure list. Apparently, 26 pieces of fake Indian currency notes of Rs.2,000/- denomination each were recovered from the petitioner. The trial is in progress. Evidence is in the process of being recorded.
Considering the material in the Case Diary, the nature of the offence and the prima facie incriminating material against
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the petitioner, we are not inclined to allow the petitioner’s prayer for bail.
Accordingly, the application for bail being C.R.M. 2783 of 2021 is dismissed .
However, we request the learned trial Court to expedite the trial to the extent possible and bring the same to its logical conclusion as soon as the business of the Court may permit.
All parties shall act in terms of server copy of this order downloaded from the official website of this Court.
(Bivas Pattanayak, J.) (Arijit Banerjee, J.)
1 issue framed by the court
Whether bail should be granted to an accused charged with possessing and dealing in fake currency notes who asserts false implication despite incriminating material.
2 provisions across 2 enactments
Saddam Sk. @ Pichhi
State
Bivas Pattanayak
Arijit Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
